By submitting an online order form, or by using SiteOz’s service, Customer hereby agrees to the following Acceptable Use Policy (AUP). Customer agrees that it shall comply with and require its end users to comply with this AUP & SiteOz’s Terms of Service (TOS). In this document, the word “Agreement,” with a capital “A,” refers to the TOS, & AUP collectively.

1. Introduction, Purpose and General Terms

  • 1.1. This Web site gives you the ability to learn about SiteOz and its products and services as well as the ability to access our network and services (“SiteOz Services”). By using this site, and any other sites or services owned, operated, or provided by SiteOz, you signify your agreement to the terms, conditions and notices of this policy. “You” when used in the Agreement shall mean the SiteOz Customer of record and that SiteOz Customer’s end users.

     
  • 1.2. This Acceptable Use Policy is used in conjunction with the terms of service (TOS). Violating any of these policies and agreements grants SiteOz the authority to take action to restrict or terminate your access to SiteOz Services. SiteOz reserves the right, at its sole discretion, to update or revise this policy, any other policy or statement on any SiteOz Web site, and any product offerings or programs described on any SiteOz Web site. Please check back periodically to review any changes to this policy.
  • 1.3. Any violation of the AUP may result in the suspension or termination of your account or such other action, as SiteOz deems appropriate. No credits will be issued for any interruption in service resulting from violations of the AUP.

     
  • 1.4. VIOLATION OF ANY SECTION OF THE AUP IS STRICTLY PROHIBITED AND MAY RESULT IN THE IMMEDIATE TERMINATION OR SUSPENSION OF THE SERVICES YOU RECEIVE FROM SITEOZ.

     
  • 1.5. Any questions or comments regarding the AUP should be directed to SiteOz by e-mail to the following e-mail address
    support@siteoz.com, for issues concerning the AUP.

    2. General Prohibitions.
    You may not use this site or SiteOz's Services for any purpose that is unlawful or in any manner that could damage, disable, overburden or impair the operation of this site, the SiteOz Network, or SiteOz's Services, or any other part's use or enjoyment of this site, the SiteOz Network, or SiteOz's Services.

    2.1. Adult Content Prohibited.

     
    • 2.1.1. Adult-oriented sites demand special system, network, and bandwidth requirements. SiteOz does not accommodate those extraordinarily large requirements in its web hosting plans. Therefore you may not use SiteOz's services for adult-oriented and pornography sites. This includes sites that may include sexual content, or links to adult content elsewhere.

       
    • 2.1.2. Where allowed by applicable law, SiteOz does not prohibit you from posting a static Web page that meets all of the following criteria:

       
      • the page merely advertises an adult service and provides information about how to contact the service offline, i.e., by telephone, facsimile, or postal mail and not via a link from a Web site that uses SiteOz's services;

         
      • the page does not display any sexually explicit content and does not link to any Web page or site displaying any sexually explicit content; and

         
      • the page does not require a user to log in with a username or password to access any of the Web site's content..

     

    • 2.1.3. In some jurisdictions, even the notice and advertisement of adult-oriented services may be illegal. It is your sole responsibility to learn the laws that govern what you are and are not allowed to post on your Web site. As part of your agreement with SiteOz, you must comply with all such applicable laws.

      However, SiteOz cannot and does not advise you or make any recommendations to you about the existence of any such laws in a particular jurisdiction. Nor does SiteOz advise you about how to comply with any such laws. Furthermore, laws vary throughout the United States of America and all over the world, so you should contact your legal advisor for more information and specific recommendations concerning the kinds of online materials that are legal in your region.

       
    • 2.1.4. If you use SiteOz's service to publish any content that any applicable law deems “harmful,” “inappropriate,” or “unsuitable” for minors (persons under 18 years of age), then you must provide appropriate protection to prevent minors from accessing that content. Such protection is your sole responsibility because SiteOz does not censor the content of your Web sites and pages.
       
    • 2.1.5. You may not use SiteOz's services to sell or solicit sales for any of the following items, products or services because they are or may be illegal in one or more jurisdictions where SiteOz's services are offered, or where they can be viewed through SiteOz's services:

       
      • Online pornography or adult content for which a viewer must subscribe to access it,

         
      • Adult content-related products or services (including X-rated videos, pictures, etc. especially of individuals under 18 years of age), and

         
      • Obscene materials, as defined by law.

         
      If we find any of your sites (or any of the sites of your customers, if you have a reseller account) to be selling any of the prohibited products or services, the offending accounts shall be subject to immediate account termination.

    3. Compliance with Law.
    Customer shall not use SiteOz's Service or any other service or network to post, upload, transmit, retransmit, store, distribute or facilitate the distribution of any content, including without limitation text, communications, software, images, sounds, data, or other information that, in SiteOz's sole discretion:

    • 3.1. violates, attempts to violate, or helps any third party to violate any local, state, federal, international, or non-United States law, ordinance, or regulation,

       
    • 3.2. is threatening, obscene, indecent, pornographic, abusive, harassing, libelous, defamatory, deceptive, fraudulent, invasive of another's privacy, tortious, inaccurate, or that otherwise could adversely affect any individual, group or entity (collectively, “Persons”),

       
    • 3.3. threatens or encourages bodily harm or destruction of property,

       
    • 3.4. harms any person,

       
    • 3.5. victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, sex, sexual orientation, race, ethnicity, national origin, immigration status, age, disability, or any other reason,

       
    • 3.6. is posted in violation of a newsgroup charter,

       
    • 3.7. contains viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer,

       
    • 3.8. violates any terms or conditions of any other network access provider or Internet service provider,

       
    • 3.9. violates the rights of any person, including rights protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations including, but not limited to, the installation or distribution of “pirated” information content or data or other software products that are not appropriately licensed for use by Customer. Customer shall be responsible for determining what laws or regulations are applicable to its use of the Services and Products,

       
    • 3.10. adds, removes, or modifies identifying network header information in an effort to deceive or mislead any person. Additionally, attempting to impersonate any person by using forged headers or other identifying information is prohibited. However, the use of anonymous remailers or nicknames does not by itself constitute impersonation, unless such use is made with the intent to deceive, defraud, or mislead any person or to violate any applicable laws or regulations,

       
    • 3.11. collects, attempts to collect, or helps any third party to collect personal information about third parties without their knowledge or consent or in a manner that violates applicable laws concerning privacy,

       
    • 3.12. has a negative effect on SiteOz or its network (including, without limitation, overloading servers on the SiteOz Network; causing portions of the SiteOz Network to be blocked by other network providers; generating unresolved third party complaints or complaints which, in the discretion of SiteOz, impose an unreasonable administrative burden on SiteOz; etc.), or

       
    • 3.13. violates the prohibition on any terrorist content and activities. Terrorist Content Prohibited.

    4. System and Network Security.
    Violations of system or network security are strictly prohibited, and may result in criminal and civil liability as well as termination of services from SiteOz. SiteOz investigates all incidents involving such violations and will cooperate with law enforcement if a violation of the criminal law is suspected.

    You are responsible for any misuse of your account, even if a friend, family member, guest, agent, or employee committed the inappropriate activity while using your account. Therefore, you must take steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach the security of another SiteOz account or attempt to gain unauthorized access to another network or server.

    Examples of system or network security violations include, without limitation, the following:

    • 4.1. Introduction into the network or server of any malicious program (examples: viruses, worms, Trojan Horses, logic bombs, and other executables intended to inflict harm).

       
    • 4.2. Introduction into the network or server of any self-extracting file or program containing any malicious program as specified in Section 4.1 of this AUP.

       
    • 4.3. Introduction into the network or server of any data, parameter, configuration, template, or control files for software applications that contain destructive macros or other malicious code.

       
    • 4.4. Introduction into the network or server of any encrypted or compressed file or archive such as .zip or .gz files that contains any malicious program as specified in paragraphs 4.1 through 4.3 of this AUP.

       
    • 4.5. Effecting security breaches or disruptions of Internet communication and/or connectivity. Security breaches include, but are not limited to, accessing data of which the Customer is not an intended recipient, logging into a server or account that the Customer is not expressly authorized to access, or exceeding the access to a server or account that has been granted to the Customer. For purposes of this section, "disruption" includes, but is not limited to port scans, flood pings, email-bombing, packet spoofing, IP spoofing, and forged routing information.

       
    • 4.6. Executing any form of network activity that will intercept data not intended for the Customer.

       
    • 4.7. Circumventing user authentication or security of any host, network or account.

       
    • 4.8. Interfering with or denying service to any user other than users of the Customer's host (examples: denial of service attack or distributed denial of service attack).

       
    • 4.9. Using any program script/command, or sending messages of any kind such as a punter, designed to interfere with or to disable, a user's terminal session, via any means, locally or via the Internet.

       
    • 4.10. Attempting to use or gain unauthorized access to data, accounts, hosts, servers, systems or networks of this site, or to probe, scan or test the vulnerability of a system or network of this site, any SiteOz Services or those of any other party.

       
    • 4.11. Interfering with service to any user, host or network including, without limitation, mail-bombing, flooding, or attempting to overload the system.

       
    • 4.12. Forging any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting.

       
    • 4.13. Falsifying address information or otherwise modifying e-mail headers to conceal the sender's or the recipient's identity.

    5. Internet Etiquette.
    The Customer agrees to observe and abide by reasonable Internet etiquette (Netiquette). The Customer shall comply with the rules appropriate to any network to which SiteOz  may provide access. The Customer should not post, transmit, or permit Internet access to information the Customer desires to keep confidential. The Customer shall not post any material that is illegal, is libelous, is otherwise torturous, indecently depicts children, or is likely to result in retaliation against SiteOz by offended users. SiteOz reserves the right to refuse or terminate service at any time for violation of this section. This includes, but is not limited to, advertising services or sites via Internet Relay Chat (IRC) or USENET in clear violation of the policies of the IRC channel or USENET group.

    6. Child Pornography.
    SiteOz will cooperate fully with any criminal investigation into a Customer's violation of the Child Protection Act of 1984 concerning child pornography, or any other applicable international, federal, state, or local law that prohibits child pornography. Customers are ultimately responsible for the actions of their clients over SiteOz network, and shall be liable for illegal material posted by their clients.

    According to the Child Protection Act, child pornography includes photographs, films, video, or any other type of visual presentation that shows a person who is or is depicted as being under the age of eighteen years and is engaged in or is depicted as engaged in explicit sexual activity, or the dominant characteristic of which is the depiction, for a sexual purpose, of a sexual organ or the anal region of a person under the age of eighteen years or any written material or visual representation that advocates or counsels sexual activity with a person under the age of eighteen years.

    7. Zero Tolerance for Spam.
    SiteOz will not tolerate any spamming by any of its Customers. This prohibition of spam extends to the sending of unsolicited mass mailings from another service, which in any way implicates the use of SiteOz's services whether or not the message actually originated from our network.

    Violation of this NO-SPAM policy will result in SiteOz taking one or more of the following actions:

    • A warning via e-mail or telephone,
       
    • Suspension of your site until further notice,
       
    • Removal of DNS for the advertised/originating site, or
       
    • Temporarily blocking outgoing mail from your site.
       
    • Repeated violation of this NO-SPAM policy will result in immediate disconnection of service with no re-activation.
       
    • SiteOz reserves the right to take all legal and technical steps available to prevent unsolicited bulk e-mail or other unauthorized e-mail from being sent from or transmitted through the SiteOz Network.
       
    • PLEASE NOTE: The transmission of spam, including the transmission of counterfeit e-mail, may result in civil and criminal penalties against the sender, under various federal, state, and local laws and regulations, including the federal CAN-SPAM Act of 2003.

    8. Resource Usage.
    You agree to not use excessive amounts of resources. Any violations may result in us taking corrective action in order maintain server stability by killing any processes, disabling and/or suspending your account.

    FREE PLANS may not run more than 25 simultaneous processes, run processes that require more than 20 megs of memory, or runs for longer than 15 CPU seconds.

    PREMIUM PLAN may not run more than 40 simultaneous processes, run processes that require more than 40 megs of memory, or runs for longer than 30 CPU seconds.

    SiteOz reserves the right to make adjustments to these limits at our sole discretion. If SiteOz takes corrective action Customer shall not be entitled to a refund of any fees paid in advanced.

    9. No Editing, Censoring, or Control of Communications; Reservation of Rights.
    Your participation in online communication or use of any SiteOz service is not edited, censored, or otherwise controlled by SiteOz. However, SiteOz reserves the right to monitor content on this site and on any SiteOz servers, networks, or systems and to remove content, disable sites, or suspend or terminate services if SiteOz, in its sole discretion, determines such content or user practices are harmful, offensive, or otherwise in violation of this Acceptable Use Policy.

    10. IP Allocation.
    SiteOz administers an Internet network on which multiple Customer servers reside. Customers shall NOT use Internet protocol (IP) addresses that were not assigned to them by SiteOz staff or network administrators.

    11. Suspension and Cancellation.
    SiteOz reserves the right to suspend service to any Customer or who is using our network or services for violation of the AUP or the TOS. SiteOz will use reasonable care in notifying the Customer and in resolving the problem in a method resulting in the least amount of service interference as reasonably possible. SiteOz reserves the right to terminate service without notice for continued and repeated violations of the AUP and the TOS.

    If you have any queries regarding the TOS or AUP, please contact us on support@siteoz.com

     


     

     

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